USPTO Patents Application 09820568

United States Patent and Trademark Office

UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450

Alexandria, Virginia 22313-1450
www.uspto.gov

APPLICATION NO.

FILING DATE

FIRST NAMED INVENTOR

ATTORNEY DOCKET NO.

CONFIRMATION NO.

09/820,568

03/29/2001

7590

02/04/2004

DILLIS V ALLEN ESQ
105 SROSELLE ROAD
SUITE 101

SCHAUMBURG, IL 60193

Dillis V. Allen

G-38

4968

EXAMINER

PASSANITI, SEBASTIANO

ART UNIT

PAPER NUMBER

3711

DATE MAILED: 02/04/2004

Please find below and/or attached an Office communication concerning this application or proceeding.

a

PTO-90C (Rev. 10/03)

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Application/Control Number: 09/820,568
Art Unit: 371 1

Page 2

DETAILED ACTION

This Office action is responsive to communication received 11/24/2003 (cm.
11/17/2003)- Request for three month extension of time, Change of address and
Amendment A.

The reply filed on 1 1/24/2003 is not fully responsive (see 37 CFR 1 .1 1 1 ) to the
prior Office Action because of the following omission(s) or matter(s):

The amendment received 1 1/24/2003 does not comply with 37 CFR §1^.
Specifically, all of the claims being amended are new to the patent. Therefore, there
should be no deleted text in the claims and the entire text of the new claims should
be underlined . Applicant should explain the changes made as per 37 CFR §1.173.
Further, applicant need only submit the claims being amended or added by the
response, not a listing of all the claims. Note, 37 CFR §1.121 does not apply in this
case. See MPEP Section 1453, page 1400-58 (Original Eighth Edition, August 2001,
Latest Revision February 2003) and the section styled, "Amendment of New Claims".

In addition and before the application can be allowed, the amendment to the
claims will necessitate a supplemental declaration pursuant to 37 CFR §1.1 75(b)(1)
covering the changes made. A supplemental oath/declaration need not be submitted
with each amendment and additional correction. Rather, it is suggested that the reissue
applicant wait until the case is in condition for allowance, and then submit a cumulative
supplemental reissue oath/declaration. See MPEP Section 1444.

As a further note and reminder to the applicant, the original patent will also have
to be surrendered if the application is allowed.

V

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Application/Control Number: 09/820,568

Page 3

Art Unit: 3711

Since the above-mentioned reply appears to be bona fide, applicant is given
ONE (1) MONTH or THIRTY (30) DAYS from the mailing date of this notice, whichever
is longer, within which to supply the omission or correction in order to avoid
abandonment. EXTENSIONS OF THIS TIME PERIOD MAY BE GRANTED UNDER
37 CFR 1.136(a).

Any inquiry concerning this communication or earlier communications from the
examiner should be directed to Sebastiano Passaniti whose telephone number is 703-
308-1006. The examiner can normally be reached on Mon-Fri (6:30-3:00).

If attempts to reach the examiner by telephone are unsuccessful, the examiner's
supervisor, Greg Vidovich can be reached on 703-308-1513. The fax phone number for
the organization where this application or proceeding is assigned is 703-872-9306.

Information regarding the status of an application may be obtained from the
Patent Application Information Retrieval (PAIR) system. Status information for
published applications may be obtained from either Private PAIR or Public PAIR.
Status information for unpublished applications is available through Private PAIR only.
For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
you have questions on access to the Private PAIR system, contact the Electronic
Business Center (EBC) at 866-217-9197 (toll-free).

-"Sebastiano Passaniti
Primary Examiner
Art Unit 3711

S.Passaniti/sp
February 2, 2004